23. Exploitation

Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson

This chapter looks at the many different ways in which patents may be exploited and some limits to exploitation. It first explains how patentees themselves can exploit the patent and considers two of the more common forms of voluntary uses: assignment and licence. It then describes situations in which compulsory licences are available and the compensation payable where the patent is used via a compulsory licence or by an employer or the Crown. Mortgages, testamentary dispositions, and registration of interests and transactions are also discussed, along with patent law in the UK and British and European competition law. The chapter concludes by assessing compulsory licences under section 48 of the Patents Act 1977, the licensing and cross-licensing of biotechnological inventions, and compulsory licences for public health.

2016 ◽  
Vol 21 (3) ◽  
pp. 131-138 ◽  
Author(s):  
Susan Hopkins

Purpose – The purpose of this paper is to highlight the local, national and global actions from the UK to reduce the impact of antimicrobial resistance (AMR) on human health. Design/methodology/approach – Synthesis of UK government policy, surveillance and research on AMR. Findings – Activities that are taking place by the UK government, public health and professional organisations are highlighted. Originality/value – This paper describes the development and areas for action of the UK AMR strategy. It highlights the many interventions that are being delivered to reduce antibiotic use and antimicrobial resistant infections.


2016 ◽  
Vol 13 (3) ◽  
pp. 177
Author(s):  
Joanna Uchańska

A FEW REMARKS ON THE AXIOLOGY OF COMPETITION LAW AND PATENT LAW: THE ABSOLUTE PATENT PROTECTION OF BIOTECHNOLOGICAL INVENTIONSSummary This paper discusses the important issue of the dependence of patent law on competition law, and their relations. The author carries out a comprehensive analysis of the axiomatic foundations of these two systems. She starts by putting a hypothesis that patent law and competition law are complementary. Both are a remedy for the shortcomings of the market, each in a different, but complementary way acting as tools in a mechanism to stimulate innovation. Subsequently, the paper presents the patent protection of biotechnological inventions, in particular its sensitive aspect, namely the absolute protection of biotechnological inventions. Hence she goes on to discuss various standpoints on the patent protection of biotechnological inventions. In the final part of the article she presents the well-nigh inevitable clash between the absolute protection of biotechnological inventions and the law on protection of competition. The article also shows that competition law is in conflict with the axiological foundations of patent protection, in prejudice to the principle that patent protection is a system envisaged for the benefit of society as a whole and should be established and performed using the principle of proportionality.


2007 ◽  
Vol 13 (3) ◽  
pp. 413-430 ◽  
Author(s):  
Adriana Bernardotti ◽  
Sukhwant Dhaliwal ◽  
Fabio Perocco

There are very high levels of staff of non-EU origin working in Europe's health services and these staff are often faced with racism. In many cases health sector trade unions have attempted to confront and challenge this racism. This article reports on research that shows that racism (both direct and indirect) is a continuing problem and that some trade unionists deny this and may even reinforce racism. The research consisted of studies in the national public health sectors of Belgium, France, Italy and the UK. The article concludes by examining the possibilities and limitations of trade union-led responses as collective means for confronting the many different forms of racism within the sector.


2016 ◽  
Vol 14 (4) ◽  
pp. 388-414
Author(s):  
Alexandra P. Mikroulea

AbstractOpt-in or opt-out? That is the basic question to be answered. The decision to promote actions of “opt-in” type as opposed to those of the “opt-out” type, for the sake of private autonomy, does not ensure the effective application of european competition law. On the contrary, it may decrease the application’s intensity and effectiveness. Recent reforms among European state members such as in the United Kingdom, Belgium, the Netherlands, Denmark and Norway are powerful indications that the opt-out principle may result in the effective implementation of competition law. There is no doubt that a mixed system (hybrid system), providing the court with the power to decide in favour of either the opt-in or the opt-out system, will result in better implementation of competition law. At the present time there are two pending cases in England (Dorothy Gibson and Mastercard) for which the decision on opt-out or opt-in are highly anticipated. Should the court decide, in one or both of the cases, on an opt-out approach, this will bring a momentous reevaluation of the entire collective redress concept.


2020 ◽  
Vol 11 (SPL1) ◽  
pp. 967-971
Author(s):  
Poonam Thakre ◽  
Waqar M. Naqvi ◽  
Trupti Deshmukh ◽  
Nikhil Ingole ◽  
Sourabh Deshmukh

The emergence in China of 2019 of severe acute respiratory syndrome coronavirus2 (SARS-CoV-2) previously provisionally names 2019-nCoV disease (COVID19) caused major global outbreak and is a major public health problem. On 30 January 2020, the WHO declared COVID19 to be the sixth international public health emergency. This present pandemic has engrossed the globe with a high rate of mortality. As a front line practitioner, physiotherapists are expected to be getting in direct contact with patients infected with the virus. That’s why it is necessary for understanding the many aspects of their role in the identification, contains, reduces and treats the symptoms of this disease. The main presentation is the involvement of respiratory system with symptoms like fever, cough, sore throat, sneezing and characteristics of pneumonia leads to ARDS(Acute respiratory distress syndrome) also land up in multiorgan dysfunction syndrome. This text describes and suggests physiotherapy management of acute COVID-19 patients. It also includes recommendations and guidelines for physiotherapy planning and management. It also covers the guidelines regarding personal care and equipment used for treatment which can be used in the treatment of acute adult patients with suspected or confirmed COVID-19.


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